Common use of Procedure for Achieving Commercial Operation Clause in Contracts

Procedure for Achieving Commercial Operation. Seller shall deliver to Buyer a written notice that describes in reasonable detail Seller’s schedule for achieving any remaining Commercial Operation Conditions and the anticipated Commercial Operation Date (the “Commercial Operation Notice”) thirty (30) days prior to the anticipated Commercial Operation Date. When Seller believes the requirements of the Commercial Operation Conditions have been met, Seller shall provide Buyer with written notice certifying the satisfaction of the Commercial Operation Conditions, together with reasonable documentation and such other information as Buyer may reasonably request for Buyer to evaluate whether or not Seller has satisfied the Commercial Operation Conditions. If Buyer disagrees with Seller’s determination, Buyer must provide Seller notice of such disagreement, together with an explanation of the basis for such disagreement, within ten (10) Business Days following its receipt of Seller’s notice and supporting documentation. If Buyer so notifies Seller of such disagreement, the Parties shall review the supporting documentation and promptly resolve the dispute and determine whether or not the Commercial Operation Conditions have been satisfied. In the event the disagreement remains unresolved within thirty (30) days, either party may initiate the dispute resolution procedures in Section 11.10.

Procedure for Achieving Commercial Operation. Seller shall deliver to Buyer a written notice that describes in reasonable detail Seller’s schedule for achieving any remaining Commercial Operation Conditions and the anticipated Commercial Operation Date (the “Commercial Operation Notice”) thirty (30) days prior to the anticipated Commercial Operation Date. When Seller believes the requirements of the Commercial Operation Conditions have been met, Seller shall provide Buyer with written notice certifying the satisfaction of the Commercial Operation Conditions, together with reasonable documentation and such other information as Buyer may reasonably request for Buyer to evaluate whether or not Seller has satisfied the Commercial Operation Conditions. If Buyer disagrees with Seller’s determination, Buyer must provide Seller notice of such disagreement, together with an explanation of the basis for such disagreement, within ten (10) Business Days following its receipt of Seller’s notice and supporting documentation. If Buyer so notifies Seller of such disagreement, the Parties shall review the supporting documentation and promptly resolve the dispute and determine whether or not the Commercial Operation Conditions have been satisfied. In the event the disagreement remains unresolved within thirty thirty‌ (30) days, either party may initiate the dispute resolution procedures in Section 11.10.

Procedure for Achieving Commercial Operation. At least ten (10) Business Days prior to the date on which Seller reasonably expects to achieve Commercial Operation, Seller shall deliver to Buyer a written notice that describes in reasonable detail Seller’s schedule for achieving any remaining Commercial Operation Conditions and the anticipated Commercial Operation Date (the “Commercial Operation Notice”) thirty (30) days prior to the anticipated Commercial Operation Date. When Seller believes determines that the requirements of the set forth in a Commercial Operation Conditions have been Condition are met, Seller shall as a condition to satisfying such Commercial Operation Condition, provide Buyer with written notice certifying that the satisfaction of applicable requirements set forth in the Commercial Operation ConditionsCondition were met, together with reasonable such supporting documentation and such other information as is necessary or reasonably requested by Buyer may reasonably request for in order to enable Buyer to evaluate whether or not Seller has satisfied the applicable Commercial Operation ConditionsCondition. If Buyer disagrees with Seller’s determination, Buyer must provide notice to Seller notice of such disagreement, together with an explanation of the basis for such disagreement, within ten (10) Business Days following its receipt of Seller’s notice and supporting documentation. If Buyer so notifies Seller provides notice of such disagreementdisagreement within the ten (10) Business Day period, the Parties shall thereafter review the supporting documentation and Commercial Operation Condition in order to promptly resolve the dispute and to determine whether or not when the satisfaction of the applicable Commercial Operation Conditions have been satisfied. In the event the disagreement remains unresolved within thirty (30) daysCondition occurred or will occur, either party may initiate the dispute resolution procedures in Section 11.10.as applicable.‌